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Do I Have to Go to Court Over Custody?

Avoiding Tense Litigation

Custody cases can be tiresome, and the thought of going to court can only add to that feeling. Working out a solution outside of court is possible, but it still may be best to go to a court hearing anyway. Here is what you should know about going to court during a custody case.

Working Out An Alternative

Many parents, in order to avoid a lengthy court battle, try to come to a custody and visitation agreement with the help of their respective attorneys. Their attorneys may go back and forth on different issues such as vacations, visitation time until a solution that benefits both parties has been reached. It is very important that your attorney be involved in this step in order to protect your rights as a parent and ensure that the agreement reached is fair.

Once a solution has been reached, the agreement is put into writing and becomes both official and enforceable once filed with the court. In that instance, you must begin following the new custody agreement.

Consider Going Anyway

You should consider going to court anyway in order to turn your agreement into an official court order enforceable by law. If either you or your spouse does not follow the terms of the agreement but no court order is in place, then the court cannot enforce the agreement.

This can be changed, however, by going to court and seeking a court order that allows both you and your spouse to enforce the custody agreement should one of you refuse to follow the terms. In this instance, you can hand in your agreement to the judge, where they will review and likely sign off on it, thereby making your custody agreement enforceable by law.

While going to court may not be the desired method of seeking a custody agreement, this method still does not need a lengthy battle with several hearings. One court visit can be better than several.

Use a California Attorney

Regardless of the method you choose to use when working out custody and visitation, it is important to have an attorney experienced in child custody laws by your side throughout the process to protect your rights as a parent. At TRABOLSI | LEVY | GABBARD LLP, we know that custody matters are sensitive, which is why we treat each client’s case with care and work to fight for their rights.


To get in touch with our attorneys, call us at (310) 455-8364 or visit us online.

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